Labour Court overturns €16,794 unfair dismissal award after finding claim was out of time

The Labour Court allowed Gilford Montessori School Ltd’s appeal and set aside a €16,794 award to Claire Humphreys after finding her unfair dismissal complaint was statute-barred. The Court dated its determination 5 September 2022. The Court found no proof that Humphreys remained employed in May 2021, so her alternative argument that the complaint was in time failed. It also rejected her request for an extension: she had been able to bring a different WRC complaint in September 2020, and the Court found the pandemic did not provide reasonable cause for the delay. The complaint was brought outside the time limit and was not well founded; the merits were not decided. Humphreys said she had been dismissed after seeking other work during the pandemic and argued her circumstances justified an extension. The school said she had resigned and that she had not shown reasonable cause for missing the time limit. The Court allowed the school’s appeal, setting aside the adjudication officer’s earlier finding and compensation award.